Arizona weekly enterprise., 1887-12-24


 been executedl Were the original con recommendations, &c., filed as records or copies of the same2 Did the | government put on file the originals or the copiesl Did the grantees receive the or copies of the samel
 The viceroy and the royal supreme court generally made the grants of land and water rights in the name of his majes ty the King of Spain, keeping certified copy on file in the section of grants, and the orlgipal document was delivered to the interested party as safeguard for his title
 Moreover, the governors had the facul- ty to make concessions of land by 'capit- ulatlon' in the respective provinces com mltted to their charge, and thus Nueva Leon was governed in 1869 by General Louis Carbajd y de la Guerra. The said equalization was understood to be a pact between the sovereign and the dele gate charged with attending to coloniza- ton, the latter binding himself in the pact aforesaid to carry out the conquest at his own expense, receiving In return the government of the new province, not only for life time, but even for another generation, allowing him to appoint his successor.
 Until 175S, the year in which the royal decree was issued which authorized the viceroys and presidents of the royal supreme court to appoint sub-delegates and to confirm the concession of lands made by the latter in New Spain, appli- cation was made through the royal coun- cil of the Indies to the Kiug of Spain for the confirmation of these concessions. For the better understanding of this sub feet shall quote some of the dispositions and ancient proceeding observed in New | Spain respecting the dlstrIbutton of lands and water rights.
 | The Emperor Charles V directed by royal decree of June 16, 1523 Claw l, title xii, book 12 of the revised statutes of the Indies), that the viceroys and governors, | having the power, should determine the lands and lots needed by every new town and settlement thereafter founded and established, and which could be given to them without prejudlce of any third party, rendering an account of what had been apportioned to each one, in order that i've may have the same confirmed. "
 In order to supply the deficiency noted ln the laws of the Emperor Charles, King Philip directed in another decree, IS sued at Pardo on the 1st of December, 1873 Claw 8, title iii, book 0, that the newly formed will ages and missions should be endowed with lands, water rights, woods, entries and outlets, fields and commons, the latter to be a league in length, where the Indians might keep their cattle without its mingling with that of the Spaniards.
 Another decree of Charles V, issued ill 1888 Claw z, title iv, book + of the re vised statutes of the Indies), provides also that the woods, pasture grounds ano
 water courses of the places and forests comprehen led in the grants of dominion in the Indies then made or to be made should be common to both Spaniards and Indians. Accordingly we charge the
 viceroys and royal supreme court witt
 the observance and execution of tht same"
 Subseduently, in 1541, the same em
 peror directed Claw } of the title and bool
 quoted) that the pasture grounds, woods ! and water courses should be held in com
 mon in the Indies. And as some persons without auy title from his majesty helC
 and occupied large tracts of land nobody
 should be permitted to construct fence
 and farm houses and fetch his cattle there unless they were common to all set Z tiers, anything to the contrary of an, f ordinances and dispositions notwithstand } ing
 By virtue of the laws aforesaid, and fo
 their better and more exact compliance
 his Excellency the Marquis Jalces
 viceroy of New Spain, decreed, under tn date of May 26, 1867, the publication an l observ ance of the ordinances that sti a retain hls name, being corr ected an f confirmed by decree of June 4th 1867 l This royal decree was confirmed by tha ? of King Ferdinand VI, under date ( 9 July 20, 1895.
 5 CRIES.
 Law 12, title xii, book of the revise statutes of the Indies, made by the en , peror Charles V at Valladolid on the 12t a of March, 1850 It provides that tn I cattle estates be kept separately from tn villages and cornfelds of the Indians.
 Law 20, title iii, book 6, of the cod
 aforesaid, made by King Philip III o
 the 10th of October, 1618, Near tt
 missions there shall be no cattle estate
 Law 19, title K, book G. made by tf Q Emperor Charles V at Nalladolid on u
 2d of May, 1549. Indian agents sha e keep the laws and not rear hogs in the villages.
 s Law IS, title xii, of book 4, made | T King Philip " at Madrid on the 18th = March, 1642. Lands shall be reserve - for the Indians
 Law IA, title xii, of book 6, of the san n code, made by King Philip III on u I 2Oth of October, 1898. In suits respec V ing missions 'reducciones" i. e., villag, 1 " of converted Indians) the provisions ! the law shall be observed
 ,a Baithasar Laeron de Guevara, seri,
 judge of the supreme court, said in IFS respecting the division of lands, in r
 port to the viceroy, Manuel de Fibre l. among other things, what follows: n presume that imm ediately after u l. conquest of these possessions, and wit ,- a view to facilitate the settling of Spal
 iards and the cultivation of their in r. mense territory, the viceroys made mar liberal and gratuitous grants for rearir e cattle and establishing plantations witt T. out any further formality than the su 2f vey made by judicial officers of the limi ,e fixed by the pretenders, and which, as
 general rule, comprised much great